BYLAW: Transit Oriented Development Zoning Overlay District

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CREATED BY: Ralph Willmer, AICP

FOR MORE INFORMATION, CONTACT:
Ralph Willmer, AICP
McGregor and Associates
60 Temple Place suite 410
Boston MA 02111
(617) 338-6464

TEXT OF THE BYLAW:

Transit Oriented Development Zoning Overlay District

1. Purpose

The Transit Oriented Development overlay zone encourages a mixture of residential, commercial, and employment opportunities within identified bus or train transit stops. The overlay district allows for a more intense and efficient use of land at increased densities for the mutual re-enforcement of public investments and private development. Uses and development are regulated to create a more intense built-up environment, oriented to pedestrians, and ensuring a density and intensity that is transit supportive. The development standards of the zone also are designed to encourage a safe and pleasant pedestrian environment near transit stations by encouraging an intensive area of shops and activities, by encouraging amenities such as benches, kiosks, and outdoor cafes, and by limiting conflicts between vehicles and pedestrians.

2. Applicability

This overlay district designation is to be applied to the land described on Exhibit “A” annexed hereto and also referenced on the Zoning Map as a “Transit Oriented Development Overlay District ”.

3. Use Regulations

a. Allowed Uses

• Professional offices;
• Medical offices;
• Financial institutions without drive-up window;
• Municipal offices;
• Day care facilities;
• Personal service businesses such as, but not limited to, barbers and hairdressers;
• Convenience food stores, drugstores, retail stores under 5,000 square feet;
• Restaurants and bakeries without drive-up window;
• Laundry and dry cleaning – drop-off and pick-up only;
• Multi-family housing;
• Health clubs; and
• Community and conference centers, and places of assembly.

b. Uses Allowed by Special Permit

• Fast food restaurants;
• Retail stores over 5,000 square feet;
• Laundry and dry cleaning establishments, except for drop-off and pick-up; and
• Theaters and cinemas.

c. Prohibited Uses

1.The following uses are prohibited on the portion of a site within 500 feet of a transit stop:

• Drive-through facilities;
  b. Exterior display of goods and exterior storage on the portion of a site within 500 feet of a light rail alignment. Outdoor seating for restaurants and pedestrian-oriented accessory uses, such as flower, food, or drink stands, are exempt from this requirement.
  c. Industrial uses;
  d. Automotive sales, gas stations, and repair shops;
  e. Vehicle repair uses; and
  f. Sale or lease of consumer vehicles, including passenger vehicles, motorcycles, light and medium trucks, travel trailers, and other recreational vehicles. Offices for sale or lease of vehicles, where the vehicles are displayed or stored elsewhere are allowed.

2.The following uses are prohibited on the portion of a site within 200 feet of a transit stop:
a. Commercial parking, surface or structured; and
b. Accessory parking on a surface lot.

4. Minimum and Maximum Parking Requirements

a. Minimum number of parking spaces.
On the portion of a site within 500 feet of a transit stop, the minimum number of parking spaces is 50 percent of the required parking spaces stated in Section _______.

b. Maximum number of parking spaces.
The number of parking spaces for non-residential uses in the TOD zone may not exceed 150 percent of the required parking spaces stated in Section ______.

c. Shared parking.
The Planning Board may also, when considering multi-use developments within TOD District, allow the sharing of parking spaces between multiple uses when such uses have varying peak parking demand times. The Applicant shall submit to the Planning Board an analysis of the parking space demand for such uses to determine the minimum required parking spaces. The Applicant shall undertake appropriate provisions to the reasonable satisfaction of the Planning Board to ensure that the subject property would have adequate area for additional parking spaces in the event that a greater parking demand arises from current or future uses.

5. Improvements Between Buildings and the Street

The land between a building or exterior improvement and a street must be landscaped in accordance with a plan submitted by a Registered Landscape Architect and as approved by the Planning Board. The development site area may also contain pedestrian amenities such as benches, drinking fountains, and/or other design elements (such as public art, planters, and kiosks) and shall be physically separated from parking areas by at least a three-foot deep landscaped area. Bicycle parking may be located in the area between a building and a street lot line.